Florida Non-Compete Agreements

So your boss has asked you to sign a non-compete agreement.  Here's what you need to know. 

• Florida Statute 542.335 governs non-competes entered into after 1996, and Florida Statute 542.33 governs non-competes entered into before 1996.

In order for the non-compete to be enforceable, it must:

• be reasonable in time, area, and line of business,
• have reasonable business interests that exist to justify the restrictive covenant, and
• the non-compete must be reasonably necessary to protect the legitimate business interests.

The statute provides a list of non-exhaustive legitimate business interests.  Such interests include:

• trade secrets,
• confidential business information,
• substantial relationships with specific prospective or existing customers, and
• extraordinary or specialized training.

After determining that legitimate business interests do exist, a court will determine if the time and geographical restrictions of the non-compete are reasonable.  In Florida, less than six (6) months is presumptively reasonable, and more than two (2) years is presumptively unreasonable.  Regarding geographical restrictions, courts usually will not a non-compete in which the enforcing party does not do any business.

If you have questions regarding your non-compete agreement, contact Ambuter Law for your free case evaluation.

EEOC's Strategic Enforcement Plan

     On February 22, 2012, the EEOC approved a Strategic Enforcement Plan for 2013-2016.  The plan sets forth a framework for achieving the EEOC's mission to end discrimination in the workplace.  The Strategic Plan identifies six national enforcement priorities.  Those include:

1. Eliminating Barriers in Recruitment and Hiring. The EEOC will target class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities.
   
2. Protecting Immigrant, Migrant and Other Vulnerable Workers. The EEOC will target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employment laws, or reluctant or unable to exercise them.
   
3. Addressing Emerging and Developing Issues. The EEOC will target emerging issues in equal employment law, including issues associated with significant events, demographic changes, developing theories, new legislation, judicial decisions and administrative interpretations.
   
4. Enforcing Equal Pay Laws. The EEOC will target compensation systems and practices that discriminate based on gender.
   
5. Preserving Access to the Legal System. The EEOC will target policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC's investigative or enforcement efforts.
   
6. Preventing Harassment Through Systemic Enforcement and Targeted Outreach. The EEOC will pursue systemic investigations and litigation and conduct a targeted outreach campaign to deter harassment in the workplace.
   
    Based on this, employers should expect to see a very active EEOC over the next few years.
   
   If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.
   
   
   
   

ADEA Facts

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees and applicants age 40 or older.  In some instances, there are exceptions, such as if an employee’s age affects his/her ability to perform certain jobs effectively.

So who exactly is a regulated employer?  Regulated employers include:

• private employers with 20 or more employees
• state and local governments
• employment agencies, and
• labor organizations.

Who is considered a covered worker?  To be protected under the ADEA, a worker must be:

• be a current or prospective employee of a covered employer
• be at least 40 years old or older.

What's prohibited?  The ADEA applies to all aspects of employment including:

• hiring
• firing
• compensation
• benefits
• job assignment and transfers
• employee classifications
• promotions
• layoffs and recalls
• training and apprenticeship programs
• retirement plans, and
• time off.

The ADEA also prohibits employers from retaliating against employees who complain of age discrimination or otherwise assert their rights.

If you are the victim of age discrimination, please contact Ambuter Law for your free case evaluation.